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SR-8-A (209) <t-p, LUTM:CPD:PPD aX26/adv COUNCIL MEETING: January 8, 1991 JA~ 6 ij~\ Santa Monica, California TO: Mayor and City council FROM: City staff SUBJECT: Introduction and First Reading of an Ordinance Amending Zoning Ordinance Section 9120.6 Extending Time Limitations for Interim Zoning INTRODUCTION On November 14, 1990, Planning Commission recommended an l8 month extension to the present commercial development moratorium ordinance. In order to extend the ordinance beyond two years, the zoning Ordinance will have to be amended. This report recommends that the Zoning Ordinance be modified to permit interim ordinances to be in effect for up to four years thereby permitting a two year extension to the existing commercial development moratorium. BACKGROUND On May 23, 1989, the city Council adopted Ordinance l48l declaring the presence of an emergency and creating a citywide moratorium on non-residential and hotel development. The Council also approved a moratorium work program directing staff to examine commercial development standards, new opportunities for residential development, criteria for site review, traffic - 1 - ~-11 JP.\'l C 'jj\ methodologies, traffic impact definitions, incentives for cultural and housing opportunities in the downtown area, incorporation of the Main street Ordinance update and further study of a Commercial Allotment Program (CAP). This work program included a series of public workshops and hearings before the Planning Commission and resulted in the Growth Management strategy Draft Implementation Plan. The Planning Commission review of this plan concluded on November l4, 1990. At that meeting, the Planning Commission directed staff to broaden the scope of the Draft Implementation Plan and recommended a range of issues to be studied. staff is assessing the implications of the Commissionts direction and in January will be consulting with community representatives to identify other needs and issues. staff will be formulating policy recommendations and an expanded work program which will be presented to the City Council on February 26th along with the recommendation to extend the existing commercial development moratorium ordinance. (The item before the City council on January 8, 1991, is only to amend the portion of the Zoning Ordinance enabling section with regard to the length of a moratorium or interim ordinance.) As part of the Planning commission action, the Commission approved the following findings and recommended adoption of the proposed Ordinance amendment: 1. The proposed amendment is consistent with the goals, objectives, policies, land uses, and programs specified in - 2 - the adopted General Plan in that this amendment will enable the Planning Commission and City Council to initiate, thoroughly review, and evaluate studies that propose modifications to the General Plan and Zoning Ordinance prior to adopting such changes. If approved, changes will be incorporated into the General Plan thereby creating documents that reflect the current goals and policies of the city. 2. The public health, safety, and general welfare require the adoption of the proposed amendment in that interim standards are necessary to ensure the existing infrastructure is not further stressed, to preserve the existing character of the City and to prevent the further worsening of the traffic situation, jobs/housing balance, and environmental quality until comprehensive analysis, planning and environmental studies are complete. ZONING ORDINANCE AMENDMENT To continue the present moratorium, the Zoning Ordinance must be amended to allow for an extension of the interim zoning standards. Currently, the ordinance sets a maximum two year limit on interim zoning standards. Without amending Section 9120.6(a) and (b) of the Zoning Ordinance, the present moratorium on non-residential and hotel development will expire on February ll, 1991. Attachment #l contains the ordinance amending the Zoning Ordinance to extend the time limitations on interim zoning - 3 - to a maximum of four years. These revisions will allow the council to establish moratoria or interim standards for up to a maximum of four years. Once this amendment is in effect, staff will return to the Council with an extension to the current moratorium ordinance. This is scheduled to be reviewed at the February 26th Council meeting. BUDGET/FINANCIAL IMPACT The recommendation presented in this report does not have any budget or fiscal impact. RECOMMENDATION It is recommended that the city council introduce for first reading an Ordinance amending Zoning Ordinance Section 9l20. 6 extending the time limitations for interim zoning. Prepared By: Paul Ber1ant, Director of LUTM Suzanne Frick, Principal Planner Liz Casey, Associate Planner Amanda Schachter, Associate Planner Land Use and Transportation Management Department Program and Policy Development Division Attachments: Ordinance aX26/adv - 4 - ORDINANCE NO. (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SECTION 9120.6(a) OF THE SANTA MONICA MUNICIPAL CODE EXTENDING TIME PERIODS FOR INTERIM ZONING WHEREAS, on May 23, 1989, the city Council adopted Ordinance Number 148l declaring the presence of an emergency and creating a citywide moratorium on non-residential and hotel development: and WHEREAS, on May 23, 1989, the City Council approved a moratorium work program directing staff to develop a Growth Management Strategy (GMS) program that examines commercial development standards, new opportunities for residential development, criteria for site review, traffic methodologies, traffic impact definitions, incentives for cultural and housing opportunities in the downtown area, incorporation of the Main Street Ordinance update and further study of a commercial Allotment Program (CAP): and WHEREAS, on February l3, 1990, the City Council reviewed the progress of the GMS work program, public participation process, timeline and future direction and moved to conduct a public hearing to extend the moratorium ordinance: and WHEREAS, on February 27, 1990, the City Council conducted a public hearing and adopted Ordinance Number 1512 extending the Citywide moratorium on non-residential and hotel development: - 1 - WHEREAS, on September 12, 1990 and October l3, 1990, the Planning Commission held public hearings to review and comment on the GMS Draft Implementation Plan; and WHEREAS, on Wednesday, November l4, 1990, the Planning commission recommended to City Council an extension of Ordinance l5l2; and WHEREAS, on Wednesday, November 28, 1990, the Planning Commission approved a Notice of Intention to amend the Zoning Ordinance; and WHEREAS, on Wednesday, December 5, 1990, the Planning commission conducted a noticed public hearing on the proposed Zoning Ordinance Amendment as set for in Exhibit "Au; and WHEREAS, on January 8, 1991, the City council conducted a noticed pUblic hearing on the proposed Zoning Ordinance Agenda. WHEREAS, expiration of the moratorium ordinance prior to completion of a Growth Management strategy for the City would be in conflict with the goals and work program of the GMS Implementation Plan under consideration, WHEREAS, the city Council finds that the proposed amendment is consistent with the goals, objectives, policies, land uses, and programs specified in the adopted General Plan in that this amendment will enable the Planning commission and city council to initiate, thoroughly review, and evaluate studies that propose modifications to the General Plan and zoning Ordinance prior to adopting such changes. If approved, changes will be incorporated - 2 - into the General Plan thereby creating documents that reflect the current goals and policies of the city. WHEREAS, the City Council finds that the public health, safety, and general welfare require the adoption of the proposed amendment in that interim standards are necessary to ensure the existing infrastructure is not further stressed, to preserve the existing character of the City and to prevent the further worsening of the traffic situation, jobs/housing balance, and environmental quality until comprehensive analysis, planning and environmental studies are complete. NOW, THEREFORE, CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Section 9120.6 of the Santa Monica Municipal Code is amended to read as follows: Section 9l20.6. Interim Zoning (a) Without following the procedures otherwise required prior to the adoption of a zoning ordinance as provided for in sections 9l20.l through 9l20.5, the City Council, to protect the public safety, health, or wel fare, may adopt as an urgency measure an interim ordinance prohibiting any uses which may be in conflict with a contemplated General Plan, Specific Plan, or zoning proposal which the City Council, Planning commission, or the Director of Planning is considering or studying or intends to study within a reasonable - 3 - time. That urgency measure shall require a majority vote of the city council for adoption. The interim ordinance shall be of no further force and effect 45 days from its date of adoption. After notice pursuant to Subchapter 10K, and public hearing, the City Council may extend the interim ordinance for 10 months and l5 days and subsequently extend the interim ordinance for up to three years. Any such extension shall also require a majority vote for adoption. (b) Alternatively, an interim ordinance may be adopted by a majority vote following notice pursuant to Subchapter lOK, Section 9131, and public hearing, in which case it shall be of no further force and effect 45 days from its date of adoption. After notice pursuant to Subchapter 10K, Section 9l31, and public hearing, the City Council may by a majority vote extend the interim ordinance for 46 months and 15 days. (c) The City Council shall not adopt or extend any interim ordinance pursuant to this section unless the ordinance contains a finding that there is a current and immediate threat to the public health, safety, or welfare, and that the approval of additional subdivisions, use permits, variances, building permits, or any other applicable enti tlement for use which is required in order to comply with a zoning ordinance would result in a threat to public health, safety, or welfare. - 4 - (d) Ten days prior to the expiration of an interim ordinance or any extension, the city council shall issue a written report describing the measures taken to alleviate the condition which led to the adoption of the ordinance. (e) When any such interim ordinance has been adopted, every subsequent ordinance adopted which covers in whole, or a part of the same property shall be of no further force or in effect. (f) Nothing in this section shall limit the power of the city Council, by virtue of the City charter, to take necessary action to protect the public health, safety, or welfare. (g) The city council as part of any interim ordinance may adopt variance procedures to modify the standards contained in the interim ordinance. SECTION 2. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. SECTION 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the - 5 - remaining portions of this Ordinance. The City council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. SECTION 4. The Mayor shall sign and the city Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption. APPROVED AS TO FORM: ~~. ROBERT M. MYERS City Attorney ~~ .- U-- ax27/adv - 6 - Adopted and approved this ____ day of January, 1991. Judy Abdo, Mayor I hereby certify that the foregoing Ordinance Number (CCS) was duly adopted by the city Council of the city of Santa Monica at a meeting thereof held on January , 1991, by the following council vote: Ayes: Noes: Abstain: Absent: Councilmembers: Councilmembers: Councilmembers: Councilmembers: Attest: city Clerk Date Adopted: wjgmsccatt - 7 -